Today’s Court Update
March 11th, 2024 (Judgement): Today’s judgement was rendered by Principal Magistrate M.W. Murage in court five in absentia of the two accused and with prosecutor Mr. Mutene present. Musa Maseleka Kisembo and Francis Kamau Wangechi were each sentenced to 10 years imprisonment for possession of wildlife trophies and dealing in wildlife trophies. The sentences are to be served consecutively meaning that should they be arrested, they would serve 20 years in jail.There is a warrant of arrest outstanding on both accused.
Compromised: There is evidence indicating that both accused were arrested in December 2022 and were later released or escaped and that the court file was altered to cover this up. Read overview for details how this is a transnational organized crime case.
OVERVIEW
On October 22nd, 2014, KWS officers received information of a vehicle of Ugandan registration with ivory travelling towards Nairobi from Nakuru.
The vehicle was subsequently stopped on the Nairobi outskirts and a search revealed 143 kg of worked ivory in a false compartment in the area of the petrol tank. The Ugandan driver and Kenyan passenger were arrested and investigators continued with a controlled delivery.
In the process, two others were arrested; Mary Wangechi, the mother of the Kenyan passenger, and another male, Paul Njogu Muthoni, who was going to pick up the parked vehicle (ivory hidden within) at a Nairobi mosque.
The investigation identified another involved male, believed to be the organizer, known by the name of ‘Malik’. He was not arrested.
A few weeks after arrest, charges were withdrawn against Mary Wangechi and Paul Njogu Muthoni, the two arrested as result of the controlled delivery. Reasons for the withdrawal were never ascertained.
Three months later, in another Nairobi ivory seizure, KWS arrested Paul Njogu Muthoni again, this time with 155 kg of ivory and cutting equipment in a East Nairobi home. He was charged along side the one known as ‘Malik’, aka Abdul Malik Shariff (Ugandan or Guinean national) and Isaac Mbugua Mburu. (See 363/15 Kibera).
It was ascertained during the course of the investigation that both shipments were consignments involving the West African crime group , headquartered in Kampala.
#122 is a number assigned indicating this seizure has a link(s) to the West African cartel and its ivory was not DNA analysed.
COURT PROGRESS
Before Hon. Ms. M.W. Murage – Principal Magistrate Court 5
Previously – Hon. Magistrate Derrick K. Kuto
January 29th, 2024 (Judgement): In the absence of the accused again, the court has set March 11th for the next date to deliver judgement.
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November 29th, 2023, (Judgement): Today’s judgement did not take place. Both accused, who have not been seen now for almost a year, were still absent. The Hon. M.W. Murage called the file name, said the accused are still at large, and gave another judgement date of January 29th.
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October 18th, 2023, (Mention): The two accused are still not ‘available’. A judgement date has been set for November 29th.
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September 4th, 2023, (Mention): There is some confusion happening with this prosecution in more than one area.
Confusion #1: Today the new DCI Liaison, Chief Inspector Kioo, testified that they were presently investigating some ‘irregularities’ in title deeds submitted by the sureties in this case and the identities of the sureties themselves. The significance of this is that if the accused are not located, the courts will not be able to seize the property supposedly put up as surety to ensure the accused’s attendance in court.
Confusion #2: The court today adjourned the matter to October 18th for judgement and ordered the proceedings be typed. The confusion with this is that on December 1st, 2022, nine months ago and on a date believed scheduled for judgement, a SEEJ-AFRICA representative attended court #5 and heard Senior Principal Magistrate Kuto find both accused guilty. He then gave a sentencing date of December 5th. The SEEJ-AFRICA representatives observed what they believed to be the two accused being taken into custody.
On December 5th, 2022, after waiting for 3 hours in a packed courtroom, Magistrate Kuto did not attend. It was stated by court staff later that he had been in a meeting that ran over. The court advised that the following day, December 6th, a date for sentencing would be set. It was also observed that the two accused were not in court.
The following day, December 6th, 2022, it was discovered that the Court 5 was not sitting and that the Honourable Magistrate had gone on leave until January. A new date for sentencing was not given.
This matter was slated for “mention” and not “sentencing” for 3 more occasions before the prosecution told the court on April 5th, 2023, that the whereabouts of the accused were unknown.
On April 12th, 2023, SEEJ-AFRICA requested Magistrates Kuto’s judgement on this matter from Kibera Law courts administrators. SEEJ-AFRICA was advised that the judgement would not be available until after the two accused had been sentenced.
What really is happening here?
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July 13th, 2023, (Mention): SEEJ-AFRICA was unable to attend due to city wide rioting.
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June 7th, 2023, (Mention): This was the first court date before Honourable PM Murage. Neither the accused or their counsel were present.
The court was informed by the prosecutor that there were warrants of arrests previously issued. The Magistrate inquired why the matter could not be withdrawn. The prosecutor responded by advising the Magistrate that it cannot be withdrawn due to the nature of the offence and that it is a KWS matter.
Furthermore, the prosecutor stated that the IO had made considerable progress in tracing the accused persons and that the surety has not be apprehended so there is the possibility the court can secure the property deposited in court.
The court issued a summons to KWS officer in charge of investigation department to appear in court and explain what is happening and to produce the accused persons or explain why they are not in court. Matter adjourned to July 13th, 2023 for mention.
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May 16th, 2023, (Mention): The two accused (absconded 6 months ago) were still not in court as was the previous presiding magistrate, SRM Kuto, who has been transferred. The sitting magistrate did issue warrants of arrest for the two accused. The matter is adjourned to June 7th, 2023.
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April 5th, 2023, (Mention): The reason for the past few months delay became evident today when the prosecution advised the court that the whereabouts of the accused are unknown.
SEEJ-AFRICA observations indicate the accused were in court and convicted on the afternoon of December 1st, 2022. Our representative observed the accused being remanded. That is the last time they have been publicly seen in court. Case adjourned to May 16th.
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March 9th, 2023 (Mention): There were no accused in court. KWS were requested to attend the next date. It has been adjourned to April 5th, 2023.
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February 9th, 2023, (Mention): SEEJ-AFRICA was in attendance. The Hon. Derrick K. Kuto was not sitting, away on official duties. The sentencing is adjourned to March 9th.
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January 19th, 2023 (Defence Hearing): SEEJ-AFRICA did not attend, unaware this was happening, if it actually did. Court records indicate that a mention date was set in court. The indication is that no defence hearing took place.
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December 9th, 2023 (Ruling): SEEJ-AFRICA did not attend, unaware this was happening, if it actually did. As per December 6th, the court had been told that Magistrate Kuto was on leave until after the holiday season. Court records indicate that ruling was given and the accused were put on their defence with a hearing date of January 19th.
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December 6th, 2022 (Mention): Magistrate Kuto did not appear. It was said that he was now on leave until January. No new date given. Adjourned. (This is not on court records)
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December 5th, 2022 (Sentencing): After waiting for 3 hours in a packed courtroom, Magistrate Kuto did not attend. It was stated that he had been in a meeting that ran over. The sentencing will be adjourned to the following day to set a date for sentencing. The two accused were not in court. (This is not on court records)
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December 1st, 2022, (Judgement): SEEJ-AFRICA believed that was a date for judgement as per a published cause list. In the afternoon, both accused found guilty and taken into custody. Sentencing set for Dec 5th. (Or were they? This is not on court records)
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November 24th, 2022 (Ruling): SEEJ-AFRICA did not attend. Court records indicated that a ruling date of December 9th was given, presumably as to whether the accused had a case to answer.
November 1st, 2022 (Hearing): We did not attend. Court records indicated that a judgement date given.
